HomeMy WebLinkAbout10/22/14 AgendaCITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
October 22, 2014
7:00 p.m.
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM ____ BROWN THUNDER ____ HARRIS ____
LONG ____ MERCER-TAYLOR ____
STAFF PRESENT: FISCHER ____
C. PRESENTATIONS:
D. APPROVAL OF MINUTES: October 8, 2014
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through 10/17/2014: $186,568.06
Payroll through 10/13/2014: $14,819.08
2. Approval of City Licenses
3. No Parking Resolution for Garden Avenue
4. Sewer Lining Payment #1
5. Approve Amendment to Bylaws of Fire Department Relief Association
6. Budget Amendment Recycling Fund
7. Statutory Tort Limits Liability Coverage for City in 2015
8. Amendment to the City of Falcon Heights Flexible Benefit Plan
9. Modifications to specifications on construction of new ladder fire truck
10. Approve Separation Agreement
G. POLICY ITEMS:
1. Underground Music Café Liquor License
H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM:
J. ADJOURNMENT:
CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
October 8, 2014
7:00 p.m.
A. CALL TO ORDER: 7:04PM
B. ROLL CALL: LINDSTROM __X__ HARRIS _X___
LONG __X__ MERCER-TAYLOR __X__
STAFF PRESENT: FISCHER __X__
C. Appointment of Joseph Brown Thunder to the vacant City Council Seat and Oath of
Office Ceremony Pam Harris Moved the Appointment, Approved 4-0
John Green Deer, President of the Ho Chunk Nation provided the oath of office to
Joseph Brown Thunder. After the oath, Councilmember Brown Thunder joined the
meeting officially.
D. PRESENTATIONS:
1. Annual Presentation from Sheriff Matt Bostrom
Sheriff Bostrom provided his annual presentation to the Council and answered
questions.
2. Presentation by U of M Sustainability Class Students on the Upcoming Sustainability
Fair
Beth Mercer-Taylor introduced the students who announced the Fair to be held the
evening of November 20, 2014, at Silverwood Park in St. Anthony and answered
questions.
E. APPROVAL OF MINUTES: September 24, 2014 Approved
F. PUBLIC HEARINGS:
G. CONSENT AGENDA: Brown Thunder, Approved 5-0
1. General Disbursements through 9/30/2014: $103,689.70
Payroll through 9/29/2014: $16,414.31
2. DNR EAB Grant Agreement Extension & Additional Funds Amendment
3. Appointment of Mike Tester to the Fire Department
4. Appointment of a Fire Captain
5. Appointment of Richard Carlson to the Neighborhood Commission
H: POLICY ITEMS:
I. INFORMATION/ANNOUNCEMENTS:
Beth Mercer-Taylor: Provided a preview of the Environmental Commission meeting upcoming
on Monday, October 13, 2014.
Chuck Long: Provided an update on the upcoming parks commission meeting on Monday,
October 13, 2014. He also announced the upcoming Parks Master Plan Open House on October
23, 2014, 6:00 pm-8:00 pm, at City Hall.
Mayor Peter Lindstrom: Announced the Crime Prevention meeting on October 16, 2014, at 7:00
pm at Falcon Heights City Hall.
Bart Fischer: Thanked the State Fair for the donation of a gift to President Green Deer and
thanked the Lions and Ken Crea for the Little Free Libraries.
J. COMMUNITY FORUM:
K. ADJOURNMENT: 7:52 pm
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through 10/17/2014: $186,568.06
Payroll through 10/13/2014: $14,819.08
Budget Impact
Attachment(s) General Disbursements and Payroll
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve general
disbursements and payroll.
Meeting Date October 22, 2014
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Approval of City Licenses
Description
The following individual has applied for a Mechanical License for 2014. Staff has
received the necessary documents for licensure.
1.Ductworks Heating and Air Conditioning, LLC
2.Dave’s Heating and Air Conditioning
Budget Impact
Attachment(s) N/A
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the 2014 City
License Applications.
Meeting Date October 22, 2014
Agenda Item Consent F2
Attachment N/A
Submitted By Bart Fischer, City Administrator
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Adoption of a Resolution limiting parking on Garden Avenue between Pascal Street
and Holton Street.
Description Parents and representatives of the City and Falcon Heights Elementary School have
concerns relating to students having a safe route to school along the north side of
Garden Avenue between Pascal Street North and Holton Street. These concerns are
related to a walking lane on the north side of Garden Avenue. It is the opinion of
City and School Representatives that parking should not be allowed on the north
side of Garden Avenue between Pascal Street North and Holton Street during the
hours of 8:00 am-5:00 pm, Monday through Friday.
The City has communicated with the property owner at 1810 Pascal Street North as
well as the Falcon Heights United Church of Christ, which are the two affected
properties. The property owner at 1810 Pascal Street North is in support of this
change. The Falcon Heights United Church of Christ is in support of this change
except for the occasional need for funeral parking/staging in this area.
Budget Impact N/A
Attachment(s) Resolution No. 14-19
Action(s)
Requested
Adopt Resolution No. 14-19 , prohibiting parking on Garden Avenue between
Pascal Street North and Holton Street, except for funeral staging and parking by the
Falcon Heights United Church of Christ.
Meeting Date October 22, 2014
Agenda Item Consent F3
Attachment Resolution No. 14-19
Submitted By Bart Fischer, City Administrator
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
October 22, 2014
No. 14-19
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
RESOLUTION PROHIBITING PARKING ON GARDEN AVENUE BETWEEN PASCAL STREET
NORTH AND HOLTON STREET
WHEREAS, parents and representatives of the City and Falcon Heights Elementary School have concerns
relating to students having a safe route to school along the north side of Garden Avenue between Pascal Street
North and Holton Street;
AND WHEREAS, these concerns are related to a walking lane on the north side of Garden Avenue;
AND WHEREAS, it is the opinion of City and School Representatives that parking should not be allowed on
the north side of Garden Avenue between Pascal Street North and Holton Street during the hours of 8:00 am-
5:00 pm, Monday through Friday;
AND WHEREAS, the City has communicated with the property owner at 1810 Pascal Street North as well as
the Falcon Heights United Church of Christ, which are the two affected properties;
AND WHEREAS, the property owner at 1810 Pascal Street North is in support of this change;
AND WHEREAS, the Falcon Heights United Church of Christ is in support of this change except for the
occasional need for funeral parking/staging in this area;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Falcon Heights, that parking is
hereby prohibited on the north side of Garden Avenue between Pascal Street North and Holton Street during the
hours of 8:00 am-5:00 pm, Monday through Friday, except for funeral staging and parking by the Falcon
Heights United Church of Christ.
Adopted by the Falcon Heights City Council this 22nd day of October, 2014.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________
Peter Lindstrom, Mayor
October 22, 2014
LINDSTROM ____ In Favor Attested by: ________________________
HARRIS Bart Fischer
LONG ____ Against City Administrator
MERCER-TAYLOR October 22, 2014
BROWN THUNDER
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Approve Payment #1 to Insituform Technologies USA, LLC, for the 2014 Cured in Place
Pipe (CIPP) Sanitary Sewer Lining Project
Description On April 23, 2014, the City Council awarded the 2014 Cured in Place Pipe (CIPP) Sanitary
Sewer Lining Project to Insituform Technologies USA, LLC.
Payment #1 is in the amount of $105,240.05. The project is complete, however, final
payment will not be made until post-lining videos are submitted and reviewed, and project
close-out documentation is received.
Budget
Impact
This project is being funded from the Sanitary Sewer Enterprise Fund.
Attachment Payment #1
Action(s)
Requested
Approve Payment #1 to Insituform Technologies USA, LLC, for the 2014 Cured in Place
Pipe (CIPP) Sanitary Sewer Lining Project.
Meeting Date October 22, 2014
Agenda Item Consent F4
Attachment Payment #1
Submitted By Kristine Giga, Civil Engineer
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Approve Amendment to Bylaws of Fire Department Relief Association
Description The Fire Relief Association recently approved the following language amendment to
their bylaws, Article IX – Benefits.
Section 9.10. – It shall be the duty of the Board to approve applications for service pensions if the applicant
meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty of the Board not to
approve the application if any of the eligibility requirements are not met. If an application is not approved, the
Board shall return the application to the applicant within thirty (30) days, noting thereon, with particularity,
which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity
to be heard by the full Board, within the next thirty (30) days, on the question of whether the applicant meets all
of the eligibility requirement. If an application is not approved, the applicant may appeal and such appeal shall
comply with Article XIV - Procedure for Review. If the application is approved, the service pension shall be
paid as a service pension to such applicant. The association will pay the member out of the special fund a service
pension equal to the value of the member’s individual account as determined by the nex t end of month
accounting statement after the board has received and approved the member’s application for payout.
In addition to the Relief Association approving these changes, the City Council also
must approve them. The Relief Association wanted to make the bylaws more clear in
regard to the timing of members’ payouts.
Budget Impact N/A
Attachment(s) Bylaws of Falcon Heights Fire Department Relief Association
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the amendment to
the Fire Department Relief Association bylaws.
Meeting Date October 22, 2014
Agenda Item Consent F5
Attachment Bylaws of Falcon Heights Fire
Department Relief Association
Submitted By Bart Fischer, City Administrator
Fire Relief Association Members
Bylaws of
Falcon Heights Fire
Department Relief Association
Date of Restatement: September 06, 2014October 19, 2013
2
Revision Record
Sections Revised Date Submitted By
Added Revision section 12/13/2005 Gaffney
Added Section 13.2.1 12/13/05 Gaffney
Changed section 8.5, added Secretary 12/13/05 Gaffney
Changed section 2.5.2, five years to two
years
12/13/05 Gaffney
Changed all 10 years to 5 years,
referencing vesting period
12/13/05 Gaffney
Removed “Restatement” from title 12/13/05 Gaffney
Removed section 2.4 12/7/06 Johnson-Powers
Section 2.5 (now 2.4) combined
subsections one and two, removing the
distinction between vested and non-
vested members and changing the
deadline from 2 to 5 years
12/7/06 Johnson-Powers
Section 2.11 (now 2.10) Deleted the last
sentence which called for prorating
pensions based on partial years served.
12/7/06 Johnson-Powers
Changed date in title to December 6, 2006 12/7/06 Gaffney
Updated section 2.6 and 9.4 9/1/07 Johnson-Powers
3
Added section 6.4 02/02/2010 Huff
Changed Section 2.2.1, 2.2 2 and 2.2.3,
Removed 2.2.4
02/02/2010 Huff
Changed Section 2.4 02/02/1010 Huff
Removed Section 2.7 02/02/2010 Huff
Changed Section 2.8 02/02/2010 Huff
Changed Section 13.1, 13.2, 13.3
Old Section 13.3 removed, replaced with
old section 13.4
02/02/2010 Huff
Added Article 17 02/02/2010 Huff
Changed Section 4.2 11/22/2011 S. Tesch
Changed Sections 2.4.1 and 2.4.2.c 07/13/2013 M. Kruse
Reformatted Changes in Section 2.4.2.c 10/19/2013 S. Tesch
Addition to Article IX (9) section 9.10
Updated “Date of Restatement” in title
09/06/2014
10/11/2014
M. Kruse
S. Tesch
4
Table of Contents
Table of Contents ....................................................................... 4
Article I – Name, Location and Purpose .................................... 5
Article II – Definitions and Active Services Provisions ............ 6
Article III – Membership .......................................................... 10
Article IV – Meetings and Elections of Officers ..................... 11
Article V – Officers .................................................................. 13
Article VI – Board of Trustees ................................................. 15
Article VII – Investments ......................................................... 16
Article VIII – Funds ................................................................. 18
Article IX – Benefits ................................................................ 20
Article X – Timing and Modes of Distribution ....................... 24
Article XI – Ancillary Benefits ................................................ 25
Article XII – Early Vesting Provision ...................................... 27
Article XIII – Deferred Pension Status .................................... 29
Article XIV – Procedure for Review ....................................... 30
Article XV – Limits on Benefits .............................................. 31
Article XVI – Amendments ..................................................... 32
Article XVII – Military Service ............................................... 33
5
Article I – Name, Location and Purpose
Section 1.1. – Name. The Name of this Association shall be Falcon Heights Fire Department
Relief Association.
Section 1.2. – Location. The registered office of this Association shall be located at 2077 West
Larpenteur Avenue, Falcon Heights, MN 55113.
Section. 1.3. – Purpose. This instrument constitutes the Bylaws of the Falcon Heights Fire
Department, adopted for the purpose of regulating and managing the internal affairs of the
corporation and shall serve as the written pension plan for the relief association. The Association
is a governmental entity that receives and manages public money to provide retirement benefits
for individuals providing the governmental services of firefighting. The objectives of the plan
shall be to provide service pensions and ancillary benefits to members and dependants of the
Falcon Heights Fire Department, hereinafter "Fire Department". All benefits issued by this
association shall be governed by these bylaws and federal and state laws.
6
Article II – Definitions and Active Services Provisions
In these Bylaws, unless otherwise provided, the following terms shall have the following
meanings, for purpose of active service provisions, the provision shall be interpreted as a
definition and as a plan operational requirement.
Section 2.1. – Active Service. The active performance of fire suppression duties or the
supervision of fire suppression duties. The performance of suppression or supervision of fire
suppression duties includes meeting the requirements of Fire Department Standard Operating
Procedures and call attendance requirements contained therein. Annually, the fire chief shall
submit a written certification to the board of trustees that shall certify members' active service.
Such certification shall be required to be submitted for approval by the board of trustees, by
January 30 of each year.
Section 2.2. – Beneficiary. Pursuant to Minn. Stat. §424A.05, the beneficiary under this plan,
that is entitled to receive a benefit following the death of an active, disabled, deferred or early
vested member. The benefit shall be paid to the following persons, in the following succession:
1. To the Surviving Spouse and surviving child or children, in equal shares, or if there
are no Surviving Spouse or children
2. To the beneficiary (which may be a trust created under Minn. Stat. Chapter 501B, if
the survivor benefit will be distributed as a one-time lump sum payment) identified in
writing, on forms supplied by the Secretary, and if no beneficiary is identified,
3. To the estate, as a death benefit.”
Section 2.3. – Board of Trustees. The Board of Trustees of the Association as specified under
Minn. Stat. §424A.04. There shall be three ex-officio members. The three ex officio trustees
shall be the mayor, the city finance director, and the chief of the municipal fire department.
Section 2.4. – Forfeiture. Forfeiture shall be defined as the portion of a member’s account
balance that is forfeited for any reason.
1. If a member who is not 100% vested in his or her account balance separates from
Active Service, the member shall forfeit the non-vested portion of his or her account
balance when the member receives a distribution of the vested portion of his or her
account balance or on January 1 of the year after the member does not return to active
service with the Fire Department within 5 years from the member’s date of
separation.The member’s forfeited share shall be allocated among the active members
pursuant to Minn. Stat. Section 424A.016 and Section 9.5 of these Bylaws for the
Plan Year in which the Forfeiture occurs.
2. A member who separates from Active Service and later rejoins the Fire
Department may again become an active member by applying for membership in
Comment [C1]: Amended to use terminology in
424A.05, Subd. 3
7
accordance with Section 3.1. The following rules shall apply to a member who is
accepted for membership following a break in Active Service:
(a) If the member rejoins the Fire Department prior to receiving a distribution
from the member’s account, the member’s years of Active Service shall
include the member’s years of Active Service before and after the break in
service.
(b) If the member rejoins the Fire Department after receiving a distribution
from the member’s account:
(1) the non-vested portion of the member’s account shall not be
reinstated; and
(2) the member’s years of Active Service before the break in service
shall not be included in determining the vested portion of the
member’s account that is attributable to the member’s years of
Active Service.”
(c) If the member rejoins the Fire Department more than 5 years after
separating from Active Service, but prior to receiving a distribution from
the member’s account:
(1) the non-vested portion of the member’s account shall not be
reinstated; but
(2) the member’s years of Active Service shall include the member’s
years of Active Service before and after the break in service.
Section 2.5. – Fiduciary Responsibility. In the discharge of their respective duties, the officers
and trustees shall be held to the standard of care specified in section 11A.09. In addition, the
trustees shall act in accordance with chapter 356A. Each member of the board is a fiduciary and
shall undertake all fiduciary activities in accordance with the standard of care of section 11A.09,
and in a manner consistent with chapter 356A. No trustee of the Association shall cause the relief
association to engage in a transaction, if the fiduciary knows or should know that a transaction
constitutes one of the following direct or indirect transactions.
1. sale or exchange or leasing of any real property between the relief association
and a board member;
2. lending of money or other extension of credit between the relief association
and a board member or member of the relief association;
3. furnishing of goods, services, or facilities between the relief association and a
board member; or
4. transfer to a board member, or use by or for the benefit of a board member, of
any assets of the relief association. Transfer of assets does not mean the
payment of relief association benefits or administrative expenses permitted by
law.
Section 2.6. – Length of Service. For purposes of computing benefits or service pensions
payable, a year of service shall be defined as a period of 12 complete months of active service,
which need not be consecutive, on the Fire Department. No volunteer shall be given credit for a
Comment [C2]: Amended to use language in
424A.04, Subd. 2a.3
8
year of service unless that volunteer shall have completed an entire and complete year as an
active volunteer member in good standing with the Fire Department. No volunteer shall be given
credit for service during any periods of disability, medical leave, suspensions or department
approved leaves of absence without specific and prior approval by the board of trustees. No
portions or parts of years may be considered in determining the length of service for purposes of
determining eligibility for benefits or amounts of benefits. Thus leaves of absence will affect
total length of service in years but not necessarily the member’s annual certification of service.
Section 2.7. – Blank - Removed
Section 2.8. – Surviving spouse. The term ‘surviving spouse’ means the spouse of a deceased
member who was legally married to the member at the time of death.”
Section 2.9. – Trustees. The individuals designated as such by Minn. Stat. §424A.04 and by
virtue of elected office, those that qualify as the ex-officio trustee.
Section 2.10. – Year of Active Service. For purposes of computing benefits, service pensions
payable or calculating vesting requirements, a year of service shall be defined as a period of 12
full months of active service in the Fire Department.
Section 2.11. – Domestic Relations Order. Any judgment, decree or order (including approval of
a property settlement agreement) that complies with the provisions of Minn. Stat. §§518.58,
518.581, or 518.611.
Section 2.12. – Account. The record of the amounts credited to an individual under the plan,
including amounts transferred from the defined benefit pension plan, plus contributions,
forfeitures and investment income allocated under the plan.
Section 2.13. – Accounting date. December 31.
Section 2.14. – Contribution. The additions to the special fund from fire state aid and/or
municipal contribution.
Section 2.15. – Plan Year. The twelve month period commencing on January 1 and ending
December 31.
Section 2.16. – Valuation. A determination made by an investment manager, C.P.A., actuary or
other professional as designated by the board. A valuation shall include a calculation that
determines the fair market value of the total assets. The fair market value shall be determined
based on the value at which the investments could be sold on an open market. The board of
trustees will determine the market value of any assets for which there is no readily determinable
market value, upon consultation with the same designated professional. Where appropriate, the
board of trustees shall have the discretion to use an independent appraiser to value the
investments. The determination as to fair market value of investments shall not include selling
those investments merely to determine their saleable value, and any transaction that shall result
in churning of the account or other fraudulent activity, in order to conduct the valuation is
9
prohibited. The professional shall not sell assets during the valuation process unless specifically
directed to do so by the board. This definition also applies to the process of revaluing members'
accounts and any other appropriate sections of these bylaws or activities of the board where
assets or members' accounts are "valued".
10
Article III – Membership
Section 3.1. – Eligibility for membership. All active members of the Falcon Heights Fire
Department including probationary members except members of the PERA Police and Fire Fund
who are eligible for regular salary or overtime salary during volunteer activity are eligible for
membership in the Falcon Heights Fire Department Relief Association. Application for
membership shall be made in writing on a form supplied by the Secretary of the Relief
Association. The application shall be reviewed for compliance with state statutory and plan
requirements. If approved, the applicant shall be entered on the membership rolls
Section 3.2. – Classes of Membership. Members of this Association shall be classified in to
three categories; active, deferred and disabled.
1.Active members are those that have not been suspended or expelled from this
Association.
2.Deferred members shall be those former members who have retired from the Falcon
Heights Fire Department and who have had an active period or periods of service in
the Falcon Heights Fire Department for 5 years, but who have not reached the age of
50, or receive payment for the service pension from their account.
3. Disabled Members are those former members that have been permanently disabled
due to injury or sickness while an active member and are no longer in active service
with the Falcon Heights Fire Department.
Section 3.3. – Expulsion. Any member may be expelled from this Relief Association for cause
by a two-thirds (2/3) vote of all members present at a regular or special meeting of the general
membership. Cause for expulsion includes but is not limited to, failure to account for money
belonging to the Association or feigning illness or injury for the purpose of defrauding the
Association. The member shall have a right to a hearing before a quorum of the Board of
Trustees. Written notice via registered mail will be sent to the individual at least 15 days prior to
the hearing.
11
Article IV – Meetings and Elections of Officers
Section 4.1. – Annual Meeting of the Members. The annual meeting of the Association, for
election of Association officers and two (2) Board Trustees shall be held on the first Tuesday in
January each year. Written notice of the annual meeting shall be given to all members at least 7
days in advance. The place of the meeting shall be designated and may be changed from time to
time by the Board of Trustees.
Section 4.2. – Regular Membership Meetings. The regular business meeting shall be held on the
first Tuesday of the first month of each quarter. .
Section 4.3. – Special meetings. Special meetings may be called by the President and Secretary
in cases of emergency. Notice of all special meetings shall be given to all members and the
object of the meeting stated in such notice.
Section 4.4. – Order of Business. At meetings, the order of business of the Association shall be:
1.Call to order
2.Reading of minutes, if not distributed prior to one week before next meeting
3.Report of the Treasurer
4.Unfinished business
5.New Business
6.(covered in item # 4)Reading of Reports and Minutes of Board of Trustees, if not
distributed prior to one week before next meeting
7.Election of officers or trustees (annual meeting)
Section 4.5. – Quorum at Membership Meetings. A majority of all active members in good
standing of the Association constitute quorums of the transaction of business at annual, regular,
and special meetings.
Section 4.6. – Quorum at Board of Trustee Meetings. A majority of members of the Board of
Trustees shall constitute a quorum for the transaction of business at meetings.
Section 4.7. – Location of Board Meetings. A meeting of the Board of Trustees shall be held at
the registered office of the Association in the City of Falcon Heights unless noticed of another
place within the state as designated by the Board.
Section 4.8. – Notice. Subject to waiver, a notice of every meeting shall be sent or delivered by
the Secretary to each trustee including ex-officio trustees, at least five (5), but not more than
thirty (30) days, before the meeting, excluding the date of the meeting. Such notice shall set
forth the date, time, place, and in case of a special meeting, the purpose.
Section 4.9. – Open Meeting Law. The association is governed by Minn. Stat. §13D.01 which
requires that all meetings of the association be open to the public with rare exceptions. All
12
notices provided for by this association shall comply with Minn. Stat. §13D.04 which requires at
a minimum that:
1. A schedule of regular meetings be kept on file at the association offices and,
2. For special meetings, a notice will be placed on the door of the meeting room,
as the association has no principal location and no bulletin board in which to
alert the public.
13
Article V – Officers
Section 5.1. – President. It shall be the duty of the President to attend and preside at all meeting
of this Association and the Board of Trustees. The President shall enforce the due observance of
Minnesota State Statutes, the Articles of Incorporation and the Bylaws and see that officers
properly perform the duties assigned to them. The president shall sign all checks issued by the
Treasurer and all other papers requiring the President’s signature. The President shall be a
member of all committees and shall exercise careful supervision over the affairs of the
Association. The President shall have other duties as assigned from time to time by the Board of
Trustees.
Section 5.2. – Vice-President. It shall be the duty of the Vice-President to perform the duties of
the President in the President’s absence. In the absence of both, it shall be the duty of the
Association to appoint a President Pro-tempore, who shall perform the duties incident to the
office. The Vice President shall have other duties as assigned from time to time by the President
or Board of Trustees.
Section 5.3. – Secretary. It shall be the duty of the Secretary to keep a true and accurate record
of the proceedings of all meetings of the Association and the board of trustees. The Secretary
shall keep a correct record of all amendments, alternations and additions to the Constitution,
Bylaws, or order of business in a separate book from the minutes of the Association. The
Secretary shall cause a due notice of all special meetings of the Association and Board of
Trustees. The Secretary shall keep a roll of membership, with date of joining, resignation,
discharge, name of beneficiary in case of death, assessments paid and relief furnished. The
Secretary shall, prior to entering upon the duties of office, give a bond in such sum and with such
securities as may be required and approved by the Board of Trustees, conditioned upon the
faithful discharge of the trusts and full performance of the duties of the office. The Secretary
shall approve all checks issued by the Treasurer. The Secretary shall receive such salary as the
Board of Trustees shall from time to time fix, subject to the approval of the Association. The
Secretary shall prepare all paperwork and obtain required signatures for relief benefits due to the
membership and insure benefits are distributed to appropriate parties. The Secretary shall
receive all monies due to the Association and pay the same over to the Treasurer, taking a
receipt of the same, and failing to do so the Secretary may be impeached and expelled from the
Association. The books of the Secretary shall be at all times open to inspection by the Board of
Trustees. The Secretary shall prepare and process all correspondence as needed. The Secretary
shall sign all orders for payment issued to the Treasurer, and jointly with the Treasurer prepare
and file all reports and statements required by laws. The Secretary shall have other duties as
assigned from time to time by the Board of Trustees.
14
Section 5.4. – Treasurer. It shall be the duty of the Treasurer to receive all monies belonging to
the Association and to hold them subject to the order of the President and countersigned by the
Secretary and no others. The Treasurer shall keep separate and distinct accounts of all General
and Special funds, and shall prepare and present to the Board of Trustees a full and detailed
statement of the assets and liabilities of each fund and separately at each annual meeting of the
Board of Trustees. The Treasurer shall deliver to the successor in office, or any committee
appointed by the Board of Trustees to receive the same, all monies, books, papers, etc..,
pertaining to the office immediately upon the expiration of term of office. Failing in his/her
obligations, he/she may be impeached and expelled from the Association. The Treasurer shall,
prior to entering upon the duties of office, give a bond in the sum and with such securities as may
be required and approved by the City Council conditioned upon the faithful discharge of the
trusts and full performance of the duties of the office. The amount of the bond will be equal to at
least ten percent (10%) of the assets of the Association; however, the amount of the bond need
not exceed $500,000.00. Jointly with the Secretary, the Treasurer shall prepare and file all
reports and statements required by law. The treasurer shall receive such a salary as the Board of
Trustees shall from time to time fix subject to the approval of the Association. The Treasurer
shall have other duties as assigned from time to time by the Board of Trustees.
15
Article VI – Board of Trustees
Section 6.1. – The Board of Trustees shall consist of six (6) members elected by the membership
- President, Vice President, Secretary, Treasurer, and two (2) Trustees -and three (3) ex-officio
members consisting of the Fire Department Chief, Mayor and Finance Director.
Section 6.2. – Two Board members shall be elected for one (1) year terms at each annual
meeting of the Association. A vacancy on the Board may be filled by the remaining Board
members at any regular, or special meeting, shall hold office only until the next special or annual
meeting of the Association membership when the successor shall be elected by the membership
for the remainder of the term.
Section 6.3. – Compensation. As compensation for services to the Association by the President,
Secretary and Treasurer, the membership may at the Annual Association meeting authorize
payment of an aggregate salary expense payable from the Special Fund to these officers. The
Board shall then apportion that aggregate authorized amount to reflect the services respectively
rendered by those officers during the prior year. All other Board members can receive a nominal
fixed payment from the General Fund for each Board meeting attended. The amount shall be
recommend by the Board to the membership and approved by the membership at their Annual
Association meeting. Administrative expenses incurred by the Board members in fulfilling their
administrative responsibilities shall be paid from the Special Fund.
Section 6.4. – Resolved that the Association shall indemnify any person who is a member of the
Board of Trustees of the association in accordance with, and to the maximum extent permitted
by, the provisions of Minnesota Statutes 356A.11. In consideration of such right of
indemnification, the Association shall have the right to appoint counsel of its choosing in any
action brought against any such person, to protect the interests of the Association.
16
Article VII – Investments
Section 7.1. – Prudent Person. The Board of Trustees shall discharge their duties in good faith
and with that diligence and care which an ordinarily prudent person would exercise under similar
circumstances.
Section 7.2. – Investment Duties. It shall be the duty of the Board of Trustees to prepare modes
and plans for the safe and profitable investment of the unappropriated funds of the Association
and whenever investments are made, to investigate and pass upon the securities offered and to
attend to the drawing and execution of necessary papers. The Board shall order an audit of the
books and accounts of the Secretary and the Treasurer annually, according to law, and shall
submit a written report of the condition of the Association to the members at the annual meeting.
The investment of the funds of the Association shall be in the exclusive control of the Board of
Trustees, in conformance with state statutes, the bylaws, and the investment policy attached
hereto. The Board of Trustees shall meet with the Investment Committee. The members of the
Board shall act as Trustees with a fiduciary obligation to the State of Minnesota, to the City of
Falcon Heights and the members of the Association.
Section 7.3. – Investment Committee. The Board of Trustees may designate two or more
Association members to sit on an investment committee. The treasurer, the president and an ex-
officio member shall sit on the committee. The investment committee shall investigate and make
recommendations to the Board of suitable investments for Association funds among those
permitted by Statute, the bylaws and the investment policy attached hereto.
Section 7.4. – Brokers’ Certification. The board of trustees shall comply with Minn. Stat.
§356A.06, Subd. 8b that requires the relief association to provide annually to any brokers, a
written statement of investment restrictions pursuant to statute or the investment policy that
apply to the special fund. Upon receipt of the written statement of investment restrictions, each
broker handling investments of the Association shall acknowledge, in writing annually the
receipt of the investment restrictions. The acknowledgment shall contain a statement of the
broker’s agreement to handle the Association’s investments pursuant to the written restrictions.
Section 7.5. – Consultant Certificate of Insurance. Before employing or contracting with a
consultant, the secretary of the relief association must obtain a copy of the consultant’s
certificate of insurance. A consultant is an individual or firm providing legal or financial advice,
including an actuary; attorney; accountant; investment advisor, manager, counselor, or
investment manager selection consultant; pension benefit design advisor or consultant; or any
other financial consultant.
Section 7.6. – Continuing Education Plan. The board of trustees shall develop and periodically
revise a plan for continuing education for all members and officers of the board of trustees in
order to ensure that trustees keep abreast of their fiduciary responsibilities as required by Minn.
Stat. §356A.13.
Comment [C3]: Amended to reflect 2009
amendment to §424A.04, Subd. 3
17
18
Article VIII – Funds
Section 8.1. – Funds. All monies received from the Association shall be kept in two separate
funds as follows:
Section 8.2. – General Fund. The funds received by the Association from dues, fines, initiation
fees and entertainment shall be kept in the general fund and may be disbursed upon a majority
vote of the members of the Board of Trustees for any purpose reasonably suited to promote the
welfare of the Association and its members.
Section 8.3. – Special Fund. All funds received by this Association qualifying as state aid
received pursuant to law, all taxes levied by or other revenues received from the city pursuant to
law providing for municipal support for the relief association, any monies or property donated,
given, granted or devised excluding fundraiser proceeds, by any person which is specified for the
use for the support of the Special Fund, and any interest earned on the assets of the Special Fund.
Any tax sources and other money which may be directly donated or transferred to said fund,
shall be kept in a separate account on the books of the Treasurer known as the Special Fund and
shall be disbursed only for the following purposes.
1. Payment of members' service pension benefits in accordance with these
bylaws;
2. Payment of ancillary benefits in accordance with these bylaws;
3. Administrative expenses as limited by Minn. Stat. §69.80.
4. Payments of fees, dues and assessments to belong to the Minnesota State Fire
Department Association and to the Minnesota Area Relief Association
Coalition in order to entitle relief association members to membership in and
the benefits of the association or organizations.
5. Payment of insurance premiums to the state Volunteer Firefighters Benefit
Association, or an insurance company licensed by the state of Minnesota
offering casualty
insurance, in order to entitle relief association members to membership in and
the benefits of the association or organization.
All other expenses of the Association shall be paid out of the General Fund.
Comment [C4]: Added in response to state
auditor comment, and to conform to 424A.05, Subd.
3
Comment [C5]: Added to reflect 2009
amendment to 424A.05, Subd. 3
19
Section 8.4. – Deposits. All money belonging to this Association shall be deposited to the credit
of this Association in such banks, trust companies, savings and loan associations or other
depositories as the Board of Trustees may designate. The board of trustees shall make deposits
in conformance with state statute and the investment policy, attached hereto.
Section 8.5. – Disbursements. No disbursement of the funds of this Association shall be made
except by checks drawn by the Treasurer and countersigned by the President , Vice President or
Secretary. Except when issued for salaries, pensions and other fixed charges, the exact amount
of which has previously been determined by the Board of Trustees or the members, no check
shall be issued until the claim to which it relates has been approved by the Board of Trustees.
20
Article IX – Benefits
Section 9.1. – Type of Benefit. The exclusive pension provided by the Association is a "defined
contribution lump sum service pension" as defined in Minnesota Statutes, Section 424A.02,
subdivision 4.
Section 9.2. – Service Pensions. Any volunteer firefighter who (1) has attained the age of fifty
years, (2) has served five or more years as a volunteer firefighter (3) has permanently separated
from active service and (4) has five or more years in good standing as a member of the
association, shall be eligible to receive a lump payment of his or her account balance less any
administrative fees or requisite deductions, at the time of his or her retirement and application for
payment. The pension payment shall be paid to the member pursuant to Article X – Timing and
Modes of Distribution.
Section 9.3. – Applications and purposes of pension provisions. The provisions of this article
apply to individuals who are members of the Association and members of the Fire Department.
An individual shall not be considered a member of the Association after receiving a lump sum
distribution of his pension benefits or ancillary benefits, from the Association.
Section 9.4. – Eligibility to share in contributions. An individual shall be eligible to share in the
contributions and forfeitures, if any, for the plan year only if the individual is credited at least
one month of active service and (a) is a member of that Plan Year or (b) terminated membership
during the Plan Year for reasons other than death or disability.
Section 9.5. – Allocation of Contributions.
1.Allocation Rule. Contributions to be made to the special fund and forfeitures, if any, for
a Plan Year shall be allocated among the individuals entitled to share in the contributions
for such Plan Year under section 4, in the ratio that the months of service credited during
such Plan year for each such individual bears to the Months of Service credited during
such Plan Year for all such individuals.
2.Time of Making Allocations and Time of Funding. Allocations under sub-section (a)
shall be made as of the accounting date, after each Account has been adjusted for gains
or losses. The calculation of each Member's share of the Association's fiscal year and
receipt by the Association of the audited financial report prepared by the Secretary and
the Treasurer for that year. The Treasurer shall submit to the Trustees for approval that
amount to be credited to each member's account.
3.Make-up contributions for omitted members. If, after the contribution for a Plan Year
has been made and allocated, it should appear that, through oversight or a mistake of fact
of law, a Member (or individual who should have been a member) who was entitled to
share in such contribution received no allocation or received an allocation which was less
than he should have received, the Trustees may, at their election, and in lieu of
reallocating the prior contribution, make a special make-up contribution out of
unallocated earnings for the Account of such member in an amount adequate to provide
for him the same contribution for each Month of Service as would have been allocated to
his Account if such oversight or mistake had not been made. Unallocated earnings
21
include any income of the Special Fund earned since the preceding accounting date that
has not yet been credited to the Member's account pursuant to Section 7 (a).
Section 9.6. – Individual Member's Accounts.
1.Annual Reports. A member shall be entitled to inspect his or her account balance and
transactions in the member's account by giving reasonable notice to the Treasurer, of
the request. At least annually, (no later than the thirtieth of June), the Treasurer will
provide each member with a written report of the member's account balance and
vesting level as of the most recent accounting date and any account transactions (such
as distributions), contributions and forfeitures) during the prior Plan Year.
Section 9.7. – Periodic Adjustment of Accounts and Forfeitures
1.Annual Adjustments. As of each accounting date, the account of each member,
former member and beneficiary shall be revalued. As of each accounting date, the
trustees shall value the assets of the special fund at their fair market value and
determine the net investment gain or loss of such assets since the preceding
accounting date. In determining the net investment gain or loss (1) the accrual basis
of accounting shall be used (unrealized appreciation or depreciation shall be taken
into account), and (2) contributions to the special fund and payments or distributions
from the special fund to provide benefits for members, former members and
beneficiaries shall not be considered as gains or losses of the special fund.
After the close of the plan year, the net investment gain or loss for said Plan Year
shall be credited or debited, as of the accounting date for such Plan Year, to the
respective accounts containing such assets and which are existing on said accounting
date in proportion to the value of each such account on the preceding accounting date,
but reduced by forfeitures or distributions from said account made during the plan
year.
The value of each account, as adjusted by the preceding provisions of this section,
increased by contributions and forfeitures allocated to such account and reduced by
distributions or forfeitures from such account for that Plan Year, shall be the value of
said account on the accounting date for the plan year.
2.Adjustment on direction. A valuation of the special fund shall be made as of any
other date specified by the Trustees, and this date shall be considered an accounting
date.
Section 9.8. – Benefit Eligibility. To be eligible to receive a service pension a member must
meet all of the following requirements:
22
1.Have retired from the fire department of the municipality and be permanently
separate from active service;
2.Have completed at least 5 years of active service with such department before
retirement; and
3.Have been a member of the Association in good standing at least 5 years prior to such
retirement.
Section 9.9. – Application for Service Pension. All applications for pensions or deferred pension
status shall be submitted to the Board of Trustees at a regular or special meeting of the Board.
An application form will be provided by the Secretary of the Association containing the
following information:
1.Age of the applicant.
2.Length of service the applicant has been a member of the Association.
3.Such other information as the Board of Trustees may require by including lawful
requests for information or questions on an application form for benefits which has
been adopted by the Board of Trustees.
Application for benefits shall be made by or on behalf of the applicant within ninety (90) days
prior to the date that the pension commences, and no pension benefits shall be paid for a period
covering more than ninety (90) days before the application is made.
Section 9.10. – It shall be the duty of the Board to approve applications for service pensions if
the applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be
the duty of the Board not to approve the application if any of the eligibility requirements are not
met. If an application is not approved, the Board shall return the application to the applicant
within thirty (30) days, noting thereon, with particularity, which requirements the applicant does
not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full
Board, within the next thirty (30) days, on the question of whether the applicant meets all of the
eligibility requirement. If an application is not approved, the applicant may appeal and such
appeal shall comply with Article XIV - Procedure for Review. If the application is approved, the
service pension shall be paid as a service pension to such applicant. The association will pay the
member out of the special fund a service pension equal to the value of the member’s individual
account as determined by the next end of month accounting statement after the board has
received and approved the member’s application for payout.
23
Section 9.11. – Notice of Intent to Take Distribution. It shall be the duty of each member who
intends to request a service pension from the association, to file a notice of intent to take
distribution. Such notice shall be in writing and shall be filed the Secretary not less than 3
months (90 days) prior to the date of submission of application for service pension. Upon receipt
of a notice, the Secretary shall provide any notices as required by state or federal law and the
application forms for service pension payments.
24
Article X – Timing and Modes of Distribution
Section 10.1. – Expertise Should Be Sought. Because of the varying circumstances in each
member's retirement planning, optional benefit payment methods are offered. Selection should
occur after consultation with a tax consultant, insurance and/or estate planner, or an attorney.
Alternate payment methods on the Application Form shall include.
1. Check. A single Lump sum check payment payable to the eligible retiree; or
2. Annuity. Lump Sum payment by the Association to a recognized insurance
carrier licensed to do business in this state and approved for this product by the
Commerce Commissioner under Minn. Stat. § 60A.40.
3. Rollover to IRA. Rollover to an IRA account pursuant to Section 10.2.
Section 10.2. – Rollover Procedure. Upon written request from the retiring member who has
given proper notice of retirement, the Secretary or Treasurer shall directly transfer the service
pension amount into an Individual Retirement Account under Section 408(a) of the Internal
Revenue Code, as amended.
25
Article XI – Ancillary Benefits
Section 11.1. – Survivor Benefits. A member's Beneficiary shall be eligible to receive a
benefit upon the death of a deferred, disabled, active, or retired Member who has not yet
received his or her full retirement benefit.
1. Upon the death of an active member or disabled member who has not
yet received his or her disability benefits, who is in good standing, the
association shall pay to the member's benefit, the remaining full
account balance as of the end of the year in which the member’s death
occurred.
2. In the event that the death occurs after the member has terminated or
retired from the Fire Department, only the vested portion of the
pension, as determined under Article XII – Early Vesting shall be
distributed.
Section 11.2. – Disability Benefits. A member who is permanently disabled from being an active
firefighter on the Fire Department may be eligible for a disability benefit in lieu of retirement.
Upon approval of the Board of Trustees pursuant to this section, the following disability benefits
will apply. A member who is permanently disabled with a service-related disability incurred in
the line of duty, shall be eligible to collect a disability benefit in an amount equal to his or her
full account balance as of the end of the year in which the application for disability pension is
made. The member shall be eligible to receive the disability benefit immediately upon approval
of the Board of Trustees.
1. No Further Benefits. Any such disability benefit paid in accordance with this
section shall be in lieu of all rights to further service pension and survivor's
benefit.
2. Disability defined. Disability is defined sustaining an injury or impairment,
incurred in the line of duty, that results in the member's inability to engage in
performance of his\her duties as a firefighter by reason of a medically
determinable physical or psychological impairment that is certified by a
physician, surgeon or chiropractor acceptable to the board of trustees, which
can be expected to last for a continuous period of not less than twelve months
or can be expected to result in death, that was incurred in the line of duty as a
firefighter with the City of Falcon Heights.
26
3. Reports Required. No member shall be paid disability benefits except upon
the written report of a physician, surgeon or chiropractor of the member's
choice. This report shall set forth the diagnosis and prognosis of the disability,
disease or injury of the member. Each such report shall be filed with the
association.
4. Procedure. All applications for disability benefits shall be made within six
months after such applicant has ceased to be an active member of the fire
department. Written application shall be made to the Board setting out the
nature and cause of such disability. This application shall be under oath by the
member or his or her immediate family. The application shall be tabled until
the next meeting so that the applicant may be examined by a physician,
surgeon or chiropractor of the member's choice. The physician, surgeon or
chiropractor shall submit a written opinion concerning the diagnosis and
prognosis of the applicant's disability and its probable duration of permanence.
The Board of Trustees has the discretion to request that another doctor,
selected by the board, examine the applicant. Final determination of disability
will be based on the reports of at least one doctor and by a 2/3 majority vote of
a quorum of the Board of Trustees present at the subsequent association
meeting.
5. Proof Required. An applicant shall not be considered under a disability unless
the member furnishes adequate proof of the existence thereof. An applicant's
statement as to pain or other symptoms will not alone be conclusive evidence
of disability as defined in this section.
6. Grievance Procedure. If the applicant for disability benefits feels the he/she
has been aggrieved by any action of Board, the member shall, within sixty (60)
days from notice of such action of the Board, file written objections and the
reasons thereof with the Board and shall be allowed to appeal the
determination pursuant to the Procedure for Review in these bylaws.
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Article XII – Early Vesting Provision
Except as provided in section 2, in the event a member with five (5) years or more but less than
twenty (20) years of active service on the Fire Department resigns or otherwise becomes a
nonmember, that person shall be entitled to the following benefits that represents the
nonforfeitable portion of:
Completed Years of Service Nonforfeitable Percentage of Pension Amount
5 40 percent
6 44 percent
7 48 percent
8 52 percent
9 56 percent
10 60 percent
11 64 percent
12 68 percent
13 72 percent
14 76 percent
15 80 percent
16 84 percent
17 88 percent
18 92 percent
19 96 percent
20 and thereafter 100 percent
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Section 12.2. – In the event any member of the Falcon Heights Fire Department with at least five
(5) years or more of active service on the Falcon Heights Fire Department resigns or otherwise
becomes a nonmember, where that person was an active member of the Falcon Heights Fire
Department at any time during the period from June 2, 1992 to November 4, 1997, that person
shall be entitled to an unreduced service pension. The service pension may be paid when the
retiring member meetings the minimum age requirement of Minnesota Statutes, Section
424A.02, Subdivision 1.
29
Article XIII – Deferred Pension Status
Section 13.1. – Deferred pension rolls. A member of the Association who has at least five (5)
years of Active Service, but has not reached the age of 50 years, may retire from said fire
department and be placed on the deferred pension roll. Upon reaching the age of 50 years, and
provided that membership in good standing in the Association has been maintained for at least
five (5) years, upon approval of a valid written application therefore, such member shall be paid
a deferred pension. A member who is on the deferred pension roll shall not be eligible to receive
any of the ancillary benefits provided for in these Bylaws except those that are specified in
Section 13.3.
Section 13.2. – Amount of Deferred Pension. The amount of an eligible member’s deferred
pension shall be the vested percentage of the member’s account balance as of the most recent
accounting date prior to the date of distribution. Deferred member’s account balances will be
subject to the same market fluctuations and accounting costs as active members.
Section 13.3. – Survivor Benefits. If the member dies while on the deferred pension roll and that
benefit is yet unpaid, the total deferred pension applicable at the time of death shall be paid to the
member's beneficiary in accordance with Article XI - Ancillary benefits.
30
Article XIV – Procedure for Review
Section 14.1. – Right to Appeal. In the event that the Board of Trustees denies an application for
a service or ancillary pension benefit, the member shall be entitled to the right to appeal the
determination.
Section 14.2. – Member Requirements. If an application is not approved, the board shall return
the application to the applicant within 30 days, noting thereon, with particularity, which
requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the
opportunity to be heard by the full board, on the question of whether the applicant meets all of
the eligibility requirements. The member shall indicate that the member intends to appeal by
furnishing the board with a written intent to appeal that is filed with the Secretary of the
association within 30 days of receiving an adverse determination. The intent to appeal shall be
certified, in writing, by the member.
Section 14.3. – Review of Appeal. Upon receipt of the written intent to appeal, the Board of
Trustees shall hold a special meeting within 60 days of receipt of the written intent to appeal.
Timely notice of the meeting shall be given to the member at least 15 days prior to the special
meeting. The member shall have the reasonable opportunity to be heard by the Board of
Trustees at the special meeting with regard to the negative determination. The board reserves the
right to engage the services of a mediator or arbitrator, acceptable to both parties, at any time
during the appeal. The mediator or arbitrator shall be selected from the Rule 114 Supreme Court
Roster. The cost of the mediator or arbitrator shall be split in half among both parties.
31
Article XV – Limits on Benefits
Section 15.1. – Domestic Relations Order. A domestic relations order shall be accepted by the
plan administrator if in compliance with state and federal law. No benefits shall be paid under a
domestic relations order which requires the plan to provide any type or form of benefit, or any
option, not otherwise provided under the Plan or under state law.
Section 15.2. – Garnishment, judgment or legal process. No service pension or ancillary benefits
paid or payable from the special fund of a relief association to any person receiving or entitled to
receive a service pension or ancillary benefits shall be subject to garnishment, judgment,
execution, or other legal process, except as provided in Minn. Stat. §§518.58, 518.581, or
518.611.
Section 15.3. – Assignments. No person entitled to a service pension or ancillary benefits from
the special fund of a relief association may assign any service pension or ancillary benefit
payments, nor shall the association have the authority to recognize any assignment or pay over
any sum which has been assigned.
Section 15.4. – Limitations on Ancillary Benefits. Following the receipt of a lump sum death
benefit neither a member's surviving spouse or estate is entitled to any other or further financial
relief or benefits from the Association.
Section 15.5. – Limitations on Rejoining the Fire Department, and Thereby Rejoining the
Association. All members who retire or otherwise separate from active service and are paid a
benefit from the relief association are encouraged to consider and weigh their decision carefully
prior to separation from service. Such separation will be considered permanent per state law. A
member who has retired, and has taken his or her distribution, shall not be eligible for
reinstatement as a member. In addition, pursuant to Minn. Stat. 424A.02, Subd. 9(b), the
member shall not be eligible to accrue further active service and shall:
1.Repay any pensions that have been paid to the special fund of the association and
such pension benefit amounts shall immediately be repaid,
2.The amount shall be repaid within sixty (60) days of reinstatement.
The Association does not take responsibility for any penalties incurred on distribution options
such as IRAs or cash payments due to the fact that distributed benefits must be repaid to the
association.
32
Article XVI – Amendments
Section 16.1. – Amendments. The Bylaws of this Association may be amended at any regular
meeting by a vote of two-thirds (2/3) of the members present, provided that members present
constitute a quorum and provided that notice of any proposed amendment shall be given by
reading the same at a regular meeting next preceding that upon which such amendment is acted
upon. A further stipulation pertaining to any change in the Bylaws relative to that purpose,
amount or manner of disbursements, by the Association shall obtain the approval of a three-fifths
(3/5) majority of the members of the City Council of the City of Falcon Heights.
Section 16.2. – Filing. The Bylaws of the Association shall be filed with the President and
Secretary and may be inspected by any member of the Association upon request. A copy of the
duties of the Board of Trustees will be furnished to each member of the Board.
33
Article XVII – Military Service
Section 17.1. – Authorization. Subject to the restrictions stated in Minn. Stat. § 424A.021, a
volunteer firefighter who is absent from firefighting service due to service in the uniformed
services, as defined in United States Code, title 38, section 4303(13), may obtain an allocation by
the Association as though the person was an active member for the period of the uniformed
service, not to exceed five years, unless a longer period is required under United States Code,
title 38, section 4312.
Section 17.2. – Limitations.
1.To be eligible for an allocation as though an active member under this section, the
volunteer firefighter must return to firefighting service with coverage by this
Association or its successor upon discharge from service in the uniformed service
within the time frame required in United States Code, title 38, section 4312(e).
2.An allocation as though an active member is not authorized if the firefighter
separates from uniformed service with a dishonorable or bad conduct discharge or
under other than honorable conditions. An allocation as though an active member
is also not authorized if the firefighter fails to provide notice to the fire
department that the individual is leaving to provide service in the uniformed
service, unless it is not feasible to provide that notice due to the emergency nature
of the situation.”
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Budget amendment for Recycle Fund (206).
Description Recycle Fund (206): The city was able to obtain a Public Entity Innovation Grant
(Bulky Waste Collection and Recycling Project Phase 2) covering years 2014 and
2015. The city council previously approved getting this grant. For 2014 staff
recommends increasing the existing bulky waste revenue budget line item to be
$15,000 and establishing a separate bulky waste study budget expenditure line item
for $15,000.
Rev: 206-000-33611 for $15,000 Exp: 206-4206-82035 for $15,000
Budget Impact Establish and amend budget line item amounts as listed above.
Attachment(s) NA
Action(s)
Requested
Staff recommends establishing and amending the budget line items as
recommended above. These are basic bookkeeping entries to improve the financial
statements for end of year.
Meeting Date October 22, 2014
Agenda Item Consent F6
Attachment
Submitted By Roland Olson, Finance Director
NA
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Statutory Tort Limits Liability Coverage for City in 2015
Description Effective January 1, 2015, the statutory tort limits for the City of Falcon Heights
under our insurance policy with the League of Minnesota Cities Insurance Trust
will continue to be $1,500,000. An individual claimant would be able to recover no
more than $500,000 on any claim to which the statutory tort limits apply. The total
which all claimants would be able to recover for a single occurrence to which
statutory tort limits apply would be limited to $1,500,000.
The League of Minnesota Cities Insurance Trust is requesting that cities determine if
they wish to waive the statutory tort limits for 2015. Under certain circumstances
the LMCIT, which represents the city in these claims, may negotiate above the legal
liability limit if necessary because some claims like employment are exempt from
the cap. The general council from the LMCIT states that cities make different
choices depending upon their circumstances. However, they perceived that
maintaining the limit was prudent in many cases. The city has had no claims for
settlements for several years. Since 2000, the city council has voted not to waive the
statutory tort limits.
Budget Impact NA
Attachment(s) NA
Action(s)
Requested
Staff recommends that the city council approve a motion not to waive the city’s
statutory tort limits for 2015.
Meeting Date October 22, 2014
Agenda Item Consent F7
Attachment
Submitted By Roland Olson, Finance Director
NA
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Amendment to the City of Falcon Heights Flexible Benefit Plan.
Description The City of Falcon Heights established a flexible benefits plan for its employees
effective January 1, 2008. We have received notification from our Flexible Benefits
Plan administrator that we need to complete an amendment to our plans to be
incompliance with the September 18, 2014 IRS ruling. Please see attached
correspondence from Chris Erickson of Benefits Extras. Also included is the
amendment needed to be approved.
Budget Impact NA
Attachment(s) Flexible benefits information
Action(s)
Requested
Staff recommends approval of the Amendment to the City of Falcon Heights
Flexible Benefit Plan effective November 1, 2014.
Meeting Date October 22, 2014
Agenda Item Consent F8
Attachment Correspondence from Benefits Extras Inc
Submitted By Roland Olson, Finance Director
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Modifications to specifications on construction of new ladder fire truck
Description The city has purchased a new ladder fire truck constructed specifically for the City.
During the construction process authorized fire department personnel paid several
visits to the manufacturer and determined that some modifications to the original
specifications for the fire truck needed to be made to improve operational
efficiencies and safety. These modifications increased the cost by $16,949.77. The
original contract cost was $767,593 with savings of $29,658 from a prepayment
discount. Staff recommends approval of the additional $16,949.77 to be paid by
wire transfer at the request of the manufacturer.
Budget Impact
Attachment(s)
Action(s)
Requested
Staff recommends approval of modification costs and payment by wire transfer.
Meeting Date October 22, 2014
Agenda Item Consent F9
Attachment
Submitted By Bart Fischer, City Administrator
NA
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Approval of a Resignation/Separation Agreement
Description
The Assistant to the City Administrator has submitted the signature page of the
attached Resignation/Separation Agreement. A fully signed copy of the agreement
will be presented at the Council meeting.
Budget Impact
Attachment(s) Separation Agreement
Action(s)
Requested
Staff recommends the City Council approve the attached Resignation/Separation
Agreement and authorize the Mayor and City Administrator to sign said
agreement.
Meeting Date October 22, 2014
Agenda Item Consent F10
Attachment Separation Agreement
Submitted By Bart Fischer, City Administrator
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair
__________________________
The City That Soars!
Item Addition of a 3.2 On-Sale License to the Existing Wine On-Sale License for Chateau
Fromage Enterprise, LLC dba The Underground Music Café
Description On February 12, 2014 Council granted an on-sale wine license for The Underground
Music Café. Café owners are now requesting to be able to offer beer to their
customers in addition to wine.
The addition of a 3.2 on-sale license would allow the café to sell on-sale 3.2%ABV
malt beverages In addition, if at least 60% of gross sales are attributable to food the
café may also sell intoxicating malt liquor at on-sale without an additional license. If
alcohol sales exceed 40% of gross sales the strong beer endorsement may be
revoked.
Budget Impact N/A
Attachment(s) City Code Sec. 6-24
Action(s)
Requested
Staff recommends that the City Council approve the 3.2 on-sale license for Chateau
Fromage Enterprise, LLC dba The Underground Music Café with the condition that
The Underground Music Café submit quarterly sales statements to staff to ensure
that alcohol sales do not exceed 40% of gross sales. Failure to meet this condition
may lead to the revocation of the said liquor license.
Meeting Date October 22, 2014
Agenda Item Policy G1
Attachment City Code Sec. 6-24
Submitted By Bart Fischer, City Administrator